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HomeMy WebLinkAbout08-06 Ronald D Dehaven Grocery, Office, Retail Store - Back creek - Backfile1 NOTES Date: lS� File opened Reference Manual updated/number assigned S D-base updated !S� Owe location map requested from Mapping Dept, Four sets of labels requested from Data Processing File given to Renee' to update Application Action Summary CLOSE OUT FILE: Approval (or denial) letter mailed to applicant/copy made for file and other applicable cc's lD / File stamped "approved", "denied" or "withdrawn" Reference Manual updated lJGW D-base updated /6./a-04, File given to Renee' for final update to Application Action Summary U:\Carol\CommonMacking sheets\CUPSRK Revised 12/19/02 '7 Li C-,t7ufx)s� pakT� �dt6p"\- DATE C6 RECEIVED FROM ADDRESS ❑��FOR RENT _IFOR AMT OF CASH ACCOUNT AMT. PAID ' 5 CHECK �C)l BALANCE MONEY DUE ORDER NO. DOLLARS $ t BY �P — F3 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: December 6, 2006 The amount of $50.00 was deposited in line item #3-010-019110-0008. Mr. DeHaven had a deposit for one sign for a Conditional Use Permit #08-06. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Ronald D. DeHaven 2135 Chestnut Grove Rd Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • a / DATE t_=}-� RECEIVED FROM t�s�e! �� NO. 90,93 t w ADDRESS :) ���' i 1�'.' C_l I A7 U{ DOLLARS $ ❑FOR RENT f `� ❑FOR 1 ' J {n` 7 AMT. OF CI,.F' �Y.J_�f fib:. t' ACCOUNT CASH AMT. PAID o? - CHECK J tU t BALANCE DUE MOtJEY .-� 1 9ve et O CO� �e s vteS teas S G°$o O 560� S 15a01�'6 aa�ess ��a�s eons forma° �a�� G het s�y��a��,o�aa. ..••,, . SOv%�4 offe�e oGa�R` .• �l��e E°t\�6ERICK COUNTYX e �aay� �aybtaJs,� V� �g� o�a�e� {WILLIAM ORNDOFF, OvtS fOc a • • '" ve�eeC�eC• O . BOX 225 oab • �Sti C.��t ag R E C E I P T JR oage `fie f/WINCHESTER VA 22604-0225 . • 1Gti s�a�e yV s / �0 ;pe5 SIGN DEPOSITS PLANNING 4 �ha bes vS FO e�\ac CO fie v a 5p I se �v�e Ticket #:00005460001 Date 8/16/2006 Register: CAL/CA Trans. #: 14028 Dept # 1095 Acct# Previous Balance $ 100.00 Principal Being Paid $ 100.00 Penalty $ .00 Interest $ .00 Amount Paid $ 100.00 *Balance Due $ .00 Pd by DEPT. OF PLANNING & DEVELOPMENT Check 8592.10 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 8/2006 co Department of Planning and Development 540/665-5651 FAX: 540/665-6395 M. Ronald D. DeHaven 2135 Chestnut Grove Rd. Winchester, VA 22603 RE: CUP #08-06 for Ronald D. DeHaven Property Identification Number 39-A-39 Dear Mr. DeHaven: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting on October 11, 2006. The Conditional Use Permit #08-06 for a country general store was approved with the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to business activities occurring on site. Parking lot standards and landscape consistent with commercial zoning will be required. 3. One non -illuminated, free-standing business sign shall be allowed on the property; the sign shall be limited to 25 square feet in area and not exceed ten feet in height. The existing sign is of a permissible size until a new sign is created; at which time, the existing sign would have to be removed. 4. Only one entrance onto Route 50 and one entrance onto Route 600 shall be permitted. The existing easternmost entrance along Northwestern Pike (Route 50) shall be permanently closed. 5. No fuel sales will be permitted. 6. Any change or expansion of use will require anew Conditional Use Permit. 7. Total structural area shall not exceed 2,600 square feet. If you have any questions regarding this action, please feel free to call this office. Sincerely, Kevin T. Henry _ Planning Technician KTH/bad cc: Barbara E. Van Osten, Board of Supervisors, Back Creek District Cordell Watt and Greg Unger, Back Creek Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 1:1 gw41c"' C01 CONDITIONAL USE PERMIT #08-06 RONALD D. DEHAVEN w Staff Report for the Board of Supervisors Prepared: September 27, 2006 J3R Staff Contact: Kevin T. Henry, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/20/06 Recommended Approval Board of Supervisors: 10/11/06 Pending LOCATION: This subject property is located at 5057 Northwestern Pike (Route 50). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 39-A-39 PROPERTY ZONING & PRESENT' USE: ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Country General Store REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Vacant Land Use: Commercial Land Use: Agricultural Land Use: Residential Land Use: Agricultural Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. Should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. However, please note, the following items will need to be removed or cut very low: Shrubs are blocking sight distance and need to be removed or cut very low. Maintain positive drainage away from roadway. East entrance needs grass removed from cracks and asphalt sealer applied. CUP #08-06, Ronald D. DeHaven September 27, 2006 Page 2 Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended. Inspections Department: Existing building shall comply with The Virginia Uniform State Building Code Part III. Permits are required only in change of use occurs. Sanitation Authority: Winchester -Frederick County Health Department: Health Department has no objection so long as no increase in water use occurs. Winchester Regional Airport: PlanninL, & Zoning: The applicant is requesting a Conditional Use Permit for a country general store that will take place on a property identified as 5057 Northwestern Pike (Route 50), which currently has one structure. The property has previously been used for a post office, and more recently a furniture store. This parcel has frontage on Route 50 East and along S. Hayfield Road (Route 600). The structure on the property is 2,516 sq. ft., and will be reduced in size by 476 sq. ft. to allow for a loading space associated with the business. This proposed business will require eleven (11) parking spaces since it is a retail use (1 space per 200 sq. ft.). The parking lot will be accessed via the current westernmost driveway. Staff suggests the applicant establish an entrance on S. Hayfield road as well. The easternmost entrance along Route 50 should be closed, to avoid traffic crossing Route 50 at the Hayfield intersection and entering the property illegally. The applicant has offered to close this entrance. The current sign (approx. 25 sq. ft.) on the property will be sufficient enough in size to suit the needs of the applicant. To ensure that all the above requirements and other County Codes have been satisfied, an engineered site plan will be required prior to business activity. An important element to be shown on the site plan is parking lot access and layout. The 2003 Frederick County Comprehensive Polices provides guidance for business location within rural areas of the County. The locations for businesses would include major intersections or locations with recent or existing business activity (p. 6-60). The Hayfield Road intersection is identified as a major intersection and there are currently businesses within close proximity of this parcel. Therefore, the proposed CUP may be an appropriate land use and meets the intent of the 2003 Frederick County Comprehensive Policy Plan. 0 CUP #08-06, Ronald D. DeHaven September 27, 2006 Page 3 STAFF CONCLUSIONS FOR THE 09/20/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County, prior to business activities occurring on site. Parking lot standards and landscape consistent with commercial zoning will be required. 3. No more than one freestanding sign allowed on the property. The sign display shall be limited to 25 sq. ft. in area and ten feet in height. 4. Only one entrance onto Route 50 and Route 600 shall be permitted. The existing easternmost entrance along Northwestern Pike shall be permanently closed. No fuel sales or outdoor display of merchandise will be permitted. 6. Any expansion or change of use will require a new Conditional Use Permit. 7. Total structural area shall not exceed 2,600 square feet. PLANNING COMMISSION SUMMARY AND ACTION OF THE 09/20/06 MEETING: Some Commission members were concerned about closing the easternmost entrance to this site because they believed it may affect the amount of business traffic the applicant would draw headed west; they commented that the existing entrances had been used safely for many years for previous businesses and the old post office. Other Commissioners did not want to see traffic turning onto the eastbound lane of Route 50, even for a short distance, because of safety reasons. Staff pointed out that the previous business was originally nonconforming and since it has been vacant for so long, it has to re-establish itself through the zoning ordinance; staff noted the existing entrance was not safe, even though a vehicle would only be traveling a slight distance in the wrong lane. Although the applicant would have preferred to keep the existing entrances and exits, the staff said they would work with the applicant and VDOT to establish a safe, additional entrance location on Hayfield Road, if the applicant desired to pursue it. Since the applicant said he intended selling fresh fruits and vegetables from local growers, Commission members removed a phrase from the staff s recommended conditions that prohibited outdoor display of merchandise. CUP #08-06, Ronald D. DeHaven September 27, 2006 Page 4 There were no public comments. The Planning Commission unanimously recommended approval with the understanding that staff would work with the applicant and VDOT to accommodate a safe entrance on Hayfield Road and with the removal of the phrase in the conditions prohibiting outdoor display of merchandise, as follows: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to and approved by Frederick County prior to business activities occurring on site. Parking lot standards and landscape consistent with commercial zoning will be required. 3. One non -illuminated, free-standing business sign shall be allowed on the property; the sign shall be limited to 25 square feet in area and not exceed ten feet in height. The existing sign is of a permissible size until a new sign is created; at which time, the existing sign would have to be removed. 4. Only one entrance onto Route 50 and Route 600 shall be permitted. The existing easternmost entrance along Northwestern Pike (Route 50) shall be permanently closed. 5. No fiiel sales will be permitted. 6. Any expansion or change of use will require a new conditional use permit. 7. Total structural area shall not exceed 2,600 square -feet. (Note: Commissioner Ours was absent from the meeting.) Li • GRIM, EMILY GROVE . . ; 39 A 44 • 46e s 4 40 A` 48 zrro �s s� �s q y� cy�, 46 LETS RETIRE, LLC 4O A SB 40 F� 39 A 396 ` 9 � t?y� 9SR�Fo i A 90 PERRY STUART M INC ,� W O \ a Ao 9 PERRY, STUART M INC 0 A 41 M 0 • • AUG 1 4 2006 Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA n 1. Applicant (The applicant if the V-`` owner (other) NAME: ot=A ff gde"I ADDRESS: (. p"Oe TELEPHONE �,� N g$gj - ,, q6 2. Please list all owners, occupants, or parties in interest of the property: /ye e 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of a. S feet and a depth of ,�16. a feet and consists of �,z acres. (Please be exact) / f lets 5. The property is owned b /ev, � as evidenced by deed from L , e t r corded ( re sous -owner) 149.17 in deed book no. on page gI �'i , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. Tax(Parcel)Identification I.D )No. Magisterial District -A/9c� (,-/z Current Zoning fp._ 7. Adjoining Property: USE North 4, J50 v) East 9��, 4�0 South _ P-f�� West FOQ � ZO. NG 8. The type of use proposed is (consul, with the Planning Dept. before completing) 9. It is proposed -that ,the following buildings will be constructed: !0. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application., lv NAME ADDRESS PROPERTY 1D# rj NAME ADDRESS j1Qhf1JC5 PROPERTY TD# NAME, ADDRESS PROPERTY ID# -'110-fi-41S NAME _nel;9- ADDRESS* ke PROPERTY IDS` IJ' NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY NAME ADDRESS PROPERTY ID#_ NAME PROPERTY ID# ADDRESS 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 114 0 • • 0 • 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner L% Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: I { 4IL4�9 qoo � ri �� -----_ _- --- L� a#�� ors C.R -- —------- - -- - • �J ,Oy C1141 a R COMPANY i u FURN Ll plc"' CO CONDITIONAL USE PERMIT #08-06 W� m RONALD D. DEHAVEN w Staff Report for the Planning Commission Prepared: August 31, 2006 Staff Contact: Kevin T. Henry, Planning Technician. This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 09/20/06 Pending Board of Supervisors: 10/11/06 Pending LOCATION: This subject property is located at 5057 Northwestern Pike (Route 50). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 39-A-39 PROPERTY ZONING & PRESENT' USE: ADJOINING PROPERTY ZONING & USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) PROPOSED USE: Country General Store REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Vacant Land Use: Commercial Land Use: Agricultural Land Use: Residential Land Use: Agricultural Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. Should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. However, please note, the following items will need to be removed or cut very low: Shrubs are blocking sight distance and need to be removed or cut very low. Maintain positive drainage away from roadway. East entrance needs grass removed from cracks and asphalt sealer applied. CUP #08-06, Ronald D. DeHaven August 31, 2006 Page 2 Fire Marshal: No additional impacts on fire and rescue noted. Plan approval recommended. Inspections Department: Existing building shall comply with The Virginia Uniform State Building Code Part III. Permits are required only in change of use occurs. Sanitation Authority: Winchester -Frederick County Health Department: Health Department has no objection so long as no increase in water use occurs. Winchester Regional Airport: Planning & Zoning: The applicant is requesting a Conditional Use Permit for a country general store that will take place on a property identified as 5057 Northwestern Pike (Rt. 50), which currently has one structure. The property has previously been used for a post office, and more recently a furniture store. This parcel has frontage on Rt. 50 East and along S. Hayfield Rd. (Rt. 600). The structure on the property is 2,516 sq. ft., and will be reduced in size by 476 sq. ft. to allow for a loading space associated with the business. This proposed business will require eleven (11) parking spaces since it is a retail use (1 space per 200 sq. ft.). The parking lot will be accessed via the current westernmost driveway. Staff suggests the applicant establish an entrance on S. Hayfield road as well. The easternmost entrance along Rt. 50 should be closed, to avoid traffic crossing Rt. 50 at the Hayfield intersection and entering the property illegally. The applicant has offered to close this entrance. The current sign (approx. 25 sq. ft.) on the property will be sufficient enough in size to suit the needs of the applicant. To ensure that all the above requirements and other County Codes have been satisfied, an engineered site plan will be required prior to business activity. An important element to be shown on the site plan is parking lot access and layout. The 2003 Frederick County Comprehensive Policy Plan provides guidance for business location within rural areas of the County. The locations for businesses would include major intersections or locations with recent or existing business activity (p. 6-60). The Hayfield Rd. intersection is identified as a major intersection and there are currently businesses within close proximity of this parcel. Therefore, the proposed CUP may be an appropriate land use and meets the intent of the 2003 Frederick County Comprehensive Policy Plan. CUP #08-06, Ronald D. DeHaven August 31, 2006 Page 3 STAFF CONCLUSIONS FOR THE 09/20/06 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. All review agency comments and requirements shall be complied with at all times. 2. An engineered site plan shall be submitted to, and approved by Frederick County; prior to business activities occurring on site. Parking lot standards and landscape consistent with commercial zoning will be required. 3. No more than one freestanding sign allowed on the property. The sign display shall be limited to 25 sq. ft. in area and 10 ft. in height. 4. Only one entrance onto Route 50 and Route 600 shall be permitted. The existing easternmost entrance along Northwestern Pike shall be permanently closed. 5. No fuel sales or outdoor display. of merchandise will be permitted. 6. Any expansion or change of use will require a new Conditional Use Permit. 7. Total structural area shall not exceed 2,600 square feet. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. AUG 14 2006 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie CMar 1, 4 ?-1— Susan Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): �� C) Z - 1.5 - 6-1-0 U:\Pam\Common\Document Approval Form.wpd • • • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 The local office of the Transportation Department is located at 2275 Northwestern Pike in Winchester if you prefer to hand deliver this form. Appli ant' pame, addr s and phone number: Name of developmept and/or description of the request: Location: !/gJe Va. Dept. of Transportation Comments: The application for a Conditional Use Permit for this property appears to have little measurable impact on Route 50, the MOT facilitywhich would provide nprxcPd uSP S to VDOT commercial standards. However, lease note the following items will need to be addressed prior to operation: Shrubs are blocking sight distance and need Co e remove or cut very Fact Pntrance nPPd- grace removed from cracks and asphalt sealer applied VDOT Signature and Date: -` (NOTICE TO RESIDENT ENGINEER* RM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. Control number CUP06-0005 Project Name N B Market Address 5057 N. Western Pk. Type Application Conditional Use Permit Current Zoning R/A Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Adequate Siamese Location Not Identified re�crick County r . ,_� . = ,-A Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 6/23/2006 6/26/2006 Applicant Ronald DeHaven City State Zip Applicant Phone Gore VA 22637 540-888-3090 Tax ID Number Fire District Rescue District 39-A-39 14 14 Emergency Vehicle Access Comments Access Comments Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Adequate Additional Comments No additional impacts on fire and rescue noted. Election District Back Creek Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes J. Bauserman Title ----PLANS APPROVED �'I FREDERICK COUN1 0 • • • REQUEST FOR CONDITIONAL USE PERMIT COMMENTS Frederick County Inspections Department Attn: Building Official 107 North Kent Street, Suite 200 Winchester, Virginia 22601 (540) 665-5650 The Frederick County Inspections Department is located at 107 North Kent Street, 2nd floor of the County Administration North Building in Winchester, if you prefer to hand deliver this review form. Applicgnt's p*me, address,,and phone number: r Name of development and/or description of the request: Location: i Code Administrator Signature & Date: (NOTICE TO INSPECTIONS DEPT*PLE RETURN THIS FORNL40 A NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach two (2) copies of your application form, location map and all other pertinent information. RECEIVED JUN 2 3 2006 FREDIRIMCOUNU RE VEST FOR CONDITIONAL USE PERMIT COMMENTS Winchester -Frederick County Health Department 107 North. Kent Street, Suite.201. _................: Winchester, Virginia 2260f (540) 722-3480 The Winchester -Frederick County Health Department is located in the County Administration Building at 107 North Kent Street in Winchester, if you prefer to hand-. delivered this form. s -name, address and phone number: Name of development and/or description of the request: Location: Health Department Comments: ce,5e O'CCcwS r Signature and Date: _ NOTICE TO APPLICANT it -is your responsibility to. complete this form as'accurately as possible in order to assist the agency with their review. Also, please attach a.copy.of your, application form, location map and all other pertinent information. 7563-2848 � �t� G 19 EBY/krx U� THIS DEED, made and dated this day of June, 2000, by and between GAIL M. NAIL, S"TACY L. RAIL AMY B. RUBY. formerly Amy B. Nail, and JARED C. NAIL hereinafter called the Grantors, and THE EASY CHAIR COMPAn- hereinafter called the Grantee. WrMSSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and V appurtenances thereto belonging, all of the following realty: r-6 All of that certain lot or parcel of land containing 1 acres, 33 square poles, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate at Hayfield, in Back Creek Magisterial District, Frederick County, Virginia, and being the same land that was conveyed to Roy A. Ivfiller and Virginia A. Miller, with right of survivorship, by deed from Roy A. Idler, et a!, dated June 27,1967 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 333, at .Page 624. The said Virginia A. Mller died 7/18/86 and her interest in the property passed to Roy A. Miller by the aforesaid survivorship provision. The said Roy A. Muller died January 3,1998 and by his Will of record in the aforesaid Clerles Office in Will Hook 111, at page 1661, devised the said property to his daughter, Gail M. Nail and three grandchildren, Stacy L. Nail, Amy B. Nail, and Jared C. Nail. Reference is hereby made to the aforesaid instruments and the reference therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances, and they will grant such further assurances of title as may be requisite. 1 0 0 * 0 YNI 96sq, 1 BZZ WITNESS the following signature and sea]: Ok M. NAIL (SEML) r4 A 6- nA, I AMY B. kUEY _(SEAL) AUD C. NAIL STATE OF VIFLi County/City o�-'46.e' To -wit: L 3LA1,-54 ;y/ �,l,&Aj , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that GAIL M. NAIL, STACY L. HALE, AMY B. RUBY, JARED C. NAIL whose names are signed to the foregoing Deed, dated Zeday of June, 2000, have personally appeared before me and acknowledged the same in my Stge-and—,." C % jurisdiction aforesaid. Given under my hand this day of June, 2000. Ij My commission expires Zw4e cjk"g� %Z Notary Mlic hwavd Fopow br. VIRGINM FREDERICK COUNTY, SC rh6 m `r This instrument of witing was produced to me an i '�'?00 Z 11 � ILREV and with cc ficate of aelnowledgemcrit thereto annexed Srmbmtm. Yntis Mot. M 69 30 and with cc was ad'�mitted to record. Tax imposed by Sec. 58.1-802 of ?,—� 71t� r! Ir ze, 4'* E:\WjND0WS\WPWjN60\WPD0CS\DBE 1.21 SIX" Mdid JWVI have been paid, if assessable Clerk COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING September 27, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-06 OF RONALD D. DEHAVEN On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, October 11, 2006, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit 908-06 of Ronald D. DeHaven for a Country General Store. This property is located at 5057 Northwestern Pike (Route 50), and is identified with Property Identification Number 39- A-39 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be, available via the Planning Department's website at www.co.frederick.va.us. Sincerely, f�;' �11��i/r';--�—�Kevin T. Hem Planning Technician Ii41 aL1Ia 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify t at he attached correspondence was mailed to the following on ?� d from the Department of Planning and Development, Frederick County, Virginia: — . 39 . A- . 39- THE EASY CHAIR COMPANY 124 COUGAR TRL WINCHESTER, VA 22602.3665 39- A- - 41- PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602-2272 40 - A- - 43- PALMER, ELIZABETH F 5051 NORTHWESTERN PIKE WINCHESTER, VA 22603-3458 i 40 - A- - 42- DILIANSZ, MARIA 5054 NORTHWESTERN PIKE GORE, VA 22637-2516 Ronald DeHaven 2135 Chestnut Grove Rd. Winchester, VA 22601 Kevin T. Henry, P,11nning Technician Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify the Kevin T. Henry, Planning Technician for the Department of Pla ng and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and°County aforesaid. Given under my hand this '�j day of ,��, � 06C My commission expires on NOTARY BLIC I Ronald DeHaven 2134 Chestn_utt a Rd. Winche r-cr, VA 22603 r Ronald DeHaven 2134 Chest ve d. Wister, VA 22603 g trd..c� t 85 - Y 7 d1 § a IMIs � a � :P t 4 1a►n and Smudge Free Printing Use Avery® TEMPLATE 5161® ORS GAMBAW www.avery.com © AWEPYO 51610 1-8®0-GO-AVq* I lj 1 i . I li II III i' I I �I I I lid II 1i I' II I I j , I I The Easy Chair Company 124 Cougar Trail it Winchester, VA 22602 11 I I I I I� AM3AV 09-006-L ®L9LS 4!AegeB ai zesum Lu03'KAana-AftMM apidea 96epas a is a6aAAnog14ue u®issaiawl COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING September 6, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: CONDITIONAL USE PERMIT APPLICATION #08-06 OF RONALD D. DEHAVEN On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, September 20, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Conditional Use Permit 408-06 of Ronald D. DeHaven for a Country General Store. This property is located at 5057 Northwestern Pike (Route 50), and is identified with Property Identification Number 39- A-39 in the Back Creek Magisterial District. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the agenda will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Information regarding this application will also be available via the Planning Department's website at www.co.frederick.va.us. Sincerely, Kevin T. Henfy Planning Technician KTH/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify tat the attached correspondence was mailed to the following on n-&('9 from the Department of Planning and Development, Frederick County, Virginia: 39 - A- - 39- THE EASY CHAIR COMPANY 124 COUGAR TRL wv WINCHESTER, VA 22602-3665 39- A- - 41- PERRY, STUART M INC 117 LIMESTONE LN WINCHESTER, VA 22602.2272 40 - A- - 43- PALMER, ELIZABETH F 5051 NORTHWESTERN PIKE WINCHESTER, VA 22603.3458 40 - A- - 42- DILIANSZ, MARIA 5054 NORTHWESTERN PIKE GORE, VA 22637.2516 Kevin T. Henry, Planning Technician Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid�do ereby certify th Kevin T. Henry, Planning Technician for the Department of PlainPlaing and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State nd County aforesaid. Given under my hand this 6"-1- day of ICI D&eg g� Dl My commission expires on ( � � I � -V/ i �/ '�� �' NOTARY UBLIC a 8. The type of use proposed is before completing) 4O:BAP,BARA-DATA PROCESSING ROM:BEV - PI nning Dept. Pl=7��=THANKS! f labels by with Bthe `Planning Dept. 9. It is proposed -that -the following buildings will be constructed: Io. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ADDRESS PROPERTY ID# ' I/ J—b b / /\-J t,f-) Pe/< �- -a/- NAME -'V q • P&RR r,-�'. PROPERTY ID# 2j± Li Ix NAME, Pd PROPERTY ID# 4/0-fi - 4% � V NAME,'/i¢- lJni �/:�,Jsz PROPERTY ID# f O-/Q - 'y-2 V PROPERTYNAME ,E PROPERTY ID# ADDRESS ADDRESS u.Jli� p5 ADDRESS -0 ' ES� ADDRESS ADDRESS NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# I 21 w E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATION SYSTEM S FREDERICK COUNTY, VEZGINIA GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional DIGITAL: PAPER: FAX: SIZES: COLOR: BLACK/WHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: tAJ NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO-# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) �11VCAJ a. The type of use: pr before completing) OT0:13ARBAPA-1)ATA PROCESSING FROM:BEV - PI nning Dept. Please pri t sets of labels by THANKS! is (consulX with the (Planning Dept. 9. It is proposed -that -the following buildings will be constructed: 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ADDRESS PROPERTY ID# NAME . sl46 P&PR . Le, ADDRESS 0-3 p C oe /Z Ij 4 PROPERTY ID# NAMEJA�_ 1��"� ADDRESS PROPERTY' ID#_ NAME ADDRESS PROPERTY ID# y0-/ j _ / 0), l ac eS 2 NAME PROPERTY ID#_ ADDRESS NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME PROPERTY ID# ADDRESS